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201208230
<br /> DEED OF TFil9ST
<br /> Loan No: 8'10228 (Continuec$) Page 6
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power ofi sale or other powers contained in this Deed of Trust, shail prejudice or in any
<br /> manner affect Trustee's or Le:nder's right to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them,sha:ll be entitled to enforce this Deed
<br /> ofi Trust and any other security now or hereafter neld by Lender or Trustee in such order and manner as they or
<br /> either ofi them may in tneir absolute discretion determi�ne. No remedy conferred upon or reserved '[o Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shail be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br /> Docume�nts to Trus[ee or Lender or to which either of them may be otherwise entitled, m�ay be exerctsed,
<br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inco�nsistent remedies. Nothing in this Deed ofi Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judg�ment against the Trustor to the exte�nt such acti.on is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exciude pursuit ofi any othe�r remedy, and an election to
<br /> make expend�itures or to talce action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform, shall not afifect Lender's right to deciare a defiault and exercise its remedies.
<br /> Recpuest for Notice_ Trustor, on behalf of Trustor and Lender, here6y requests that a copy ofi any Notice of Default
<br /> and a copy of any NoYice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or antion to enforce any of the terms of this Deed ot
<br /> Trust, Lender shall be entitled to recover such sum as tke court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent nort proF�ibited by law, ali
<br /> reasonable expenses Lender i:ncurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the I�ndebtedness payable on demand and shail bear
<br /> interest art the Note rate from the date of the expenditure urti.l repaid. Expenses covered by this paragraph indude,
<br /> without I.imitation, however subject to any limits under applicabie law, LendePs attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including fioreclosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor aiso will�pay any court costs, in addition to all other sums provided by law.
<br /> Rights of Trustee� Trustee shall have all of the rights and duiies of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trusiee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In add�ition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions wiih respect to the Property upon the written request of Lender and Trustor: (a)joi.n in
<br /> preparing and filing a map or plat of the Real Property, including the dedication. of streets ot other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> su6ordination or other agreement affecting this Dee�d of Trust or the interesY of Lend�er under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required fior Trustee under appficable law�. In addition to the rights
<br /> and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br /> forecfose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in eether case in
<br /> accordance with and to the full exYent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lende:r and recorded in the
<br /> office of the recorder of HALL Co�unty, State of Nebraska. The ins�trument shall contain, in add�ition to all other
<br /> matters required by state law, the names of the original Lender, TrusYee, and Trustor, the boolc and page (or
<br /> com:puter system refierence) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed ofi Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to ali the
<br /> title, power, and duties conferred upo�n the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shafl govem to the exclusion of all other provisions for subsSitution..
<br /> NOTICES. A.ny noYice required to be give�n under Yhis Deed of Trust, including withouY Ilmitation any notice of default
<br /> and any notice of sale shaii be given in writing, and shall be effective when actually delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a n�ationally re�cognized overnight courier, or, if
<br /> rraailed�, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addres.ses shown near the beginning of this Deed ofi Trust_ All copies of notices of foreclosure firom the hold.er of
<br /> any lien. which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written
<br /> notice to the other parti.es, specifying that the purpose of the notice is to chang�e the party's address. For notice
<br /> purposes, Trustor agrees to keep Lentler informed at all tirnes of Trustor's current address. Uniess otherwise provided
<br /> or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLA.NEOUS PROVISIONS. The following mTscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents, constitutes the entire understanding and
<br /> a�greement of the parties as to the m�atte.rs set fiorth in this Deed of Trust. No alterateon ofi or amendment to this
<br /> Deed ofi Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br /> bound by the alteration or amendment.
<br /> Annwal Reports. If the Property is used fior purposes other than Trustor's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statiement of net operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shail require. "Net operating income" shall mean all cash
<br /> re.ceipts from the Property less all cash expenditures made in connection with the operation ofi the Property.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this Deed ofi Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law.. This Deed of Trust will 6a governed by fiederal law applicable ta Lender and, to the extent not
<br /> preempted by federal law.,the laws of the State of Nebreska without regard to its conflicts of law proviseons, This
<br /> Deed ofi TrusY has been accepted by Lender in.the State of Nebraska..
<br /> Choice of Venue_ If there is a lawsuit> Trustor agrees upon Lender's request to submit io the jurisd.iction� of the
<br /> courts of Hall County, State ofi Nebraska.
<br /> Joirit and Several Liability_ All obligations of Borrower and Trustor wnder this Deed of Trust shall be joint and
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